Background: The Garry Point Housing Co-Operative sought to terminate Laurence O'Rourke's membership due to non-payment of arrears and non-residency. Laurence had moved to a care facility, leaving his son, Timothy O'Rourke, and Timothy's son in the unit. The co-op terminated Laurence's membership for not residing in the unit as his primary residence, as required by the co-op rules. Timothy O'Rourke's application for membership was denied, citing his lack of formal application and alleged past behaviors.

Legal Arguments/Issues: Timothy O'Rourke argued the co-op's actions were unfair and biased, not considering his challenging personal circumstances and financial difficulties. He claimed the co-op's process was a sham and his application was not fairly assessed.

Held: Justice Thomas found a reasonable apprehension of bias in the co-op's handling of the case. Procedural fairness required the co-op to reassess both the termination of Laurence's membership and Timothy's membership application. The court struck Garry Point's claim for holdover against Timothy. Garry Point was ordered to amend their petition to include Timothy's membership denial basis and provide relevant documents. The parties were directed to schedule a three-day hearing.

Costs/Damages Awarded: Costs were to be assessed by the judge hearing the petition.